Preview
Filing # 158026726 E-Filed 09/23/2022 12:13:54 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR MARION COUNTY, FLORIDA
CASE NO.:
BARBARA PETERS,
Plaintiff,
vs.
GAIL JOHN LAZENBY and
GEICO GENERAL INSURANCE
COMPANY,
Defendants.
COMPLAINT
Plaintiff, BARBARA PETERS, sues Defendants, GAIL JOHN LAZENBY AND
GEICO GENERAL INSURANCE COMPANY, and alleges as follows:
1. This is an action for damages that exceeds the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of
Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court).
Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of
the claim’ as required in the preamble to the civil cover sheet for jurisdictional purposes only (the
Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil
cover sheet for data collection and clerical purposes only). The actual value of Plaintiffs claim will
be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2. At all times material to this action, Plaintiff BARBARA PETERS was a natural
person residing in Marion County, Florida.
Electronically Filed Marion Case # 22CA001988AX 09/23/2022 12:13:54 PM3. At all times material to this action, Defendant GAIL JOHN LAZENBY was a
natural person residing in Sumter County, Florida.
4. At all times material to this action, Defendant GEICO GENERAL INSURANCE
COMPANY was a foreign corporation authorized to do business and doing business in Marion
County, Florida.
5. On or about February 10, 2022, Plaintiff was operating a motor vehicle northbound
in the inside lane of US Highway 441 approaching the intersection of Southeast 176" Street in
unincorporated in unincorporated Marion County, Florida.
6. At that time and place, Defendant GAIL JOHN LAZENBY was operating his
motor vehicle directly ahead of Plaintiff on US Highway 441 approaching the intersection of
Southeast 176 in Ocala, Marion County, Florida.
7. At that time and place, Defendant GAIL JOHN LAZENBY negligently operated
and/or maintained his motor vehicle by failing to
8. Based on the aforementioned facts, venue is proper in Marion County, Florida as
the cause of action accrued in Marion County, Florida.
COUNT I
NEGLIGENCE CLAIM OF BARBARA PETERS AGAINST
DEFENDANT GAIL JOHN LAZENBY
Plaintiff realleges and incorporates by reference paragraphs 1-8 and further states:
9. As a direct and proximate result of Defendant GAIL JOHN LAZENBY’s
negligence, Plaintiff BARBARA PETERS suffered bodily injury including a permanent injury to
the body as a whole, pain and suffering of both physical and mental nature, disability, physical
impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of
wvlife, aggravation of an existing condition, activation of a latent medical condition, expense of
hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn
money and loss of ability to lead and enjoy a normal life. The losses are either permanent or
continuing and Plaintiff BARBARA PETERS will suffer the losses in the future and has suffered
same in the past. Plaintiff's motor vehicle was also damaged.
WHEREFORE, Plaintiff, BARBARA PETERS, sues the Defendant, GAIL JOHN
LAZENBY, for damages and demands judgment in excess of Thirty Thousand Dollars
($30,000.00), and other such relief deemed proper by the Court. Plaintiff also demands a jury
trial on all issues so triable.
COUNT IT
UNDERINSURED MOTORIST CLAIM OF BARBARA PETERS AGAINST
DEFENDANT GEICO GENERAL INSURANCE COMPANY
Plaintiff realleges and incorporates by reference paragraphs 1-9 and further states:
10. At all times material hereto, BARBARA PETERS was insured under an automobile
liability insurance policy that provided underinsured motorist benefits to Plaintiff, BARBARA
PETERS. Said policy of insurance numbered 4332126293 was issued by Defendant, GEICO
GENERAL INSURANCE COMPANY, and was in full force and effect on or about February 10,
2022.
ll. Under the terms of the insurance policy, Defendant, GEICO GENERAL
INSURANCE COMPANY, provided non-stackable uninsured motorist coverage for Plaintiff in
the amount of $300,000.00.
12. Defendant, GEICO GENERAL INSURANCE COMPANY, has in its custody and
control a copy of the insurance policy and, therefore, it is not attached to the Complaint.13. At all times material to this action, GAIL JOHN LAZENBY was an uninsured
motorist in that he carried liability insurance coverage with limits less than Plaintiff's total damages
as a result of the crash.
14. Defendant, GEICO GENERAL INSURANCE COMPANY, was notified of
Plaintiff's loss and is obligated to pay uninsured motorist benefits to Plaintiff under the policy.
15. Due to Defendant GEICO GENERAL INSURANCE COMPANY’s refusal to pay
uninsured motorist benefits in accordance with the terms of the Policy and Florida law, Plaintiff had
to retain the services of the undersigned attorneys and contracted with them to represent her
interests in connection with the Policy and this lawsuit, including the determination of coverage,
liability and damages under the Policy.
16. Plaintiff has complied with all terms and conditions precedent to entitlement to
uninsured motorist benefits under the Policy.
17. As a result of the negligence of the underinsured motorist, Plaintiff suffered bodily
injury, including a permanent injury to the body as a whole, pain and suffering of both a physical
and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience,
loss of capacity for the enjoyment of life, aggravation of an existing condition, activation of a latent
medical condition, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses
are either permanent or continuing and Plaintiff will suffer losses in the future, and has suffered
same in the past. Plaintiff's motor vehicle was also damaged.
All of the above losses are continuing and/or permanent in nature.WHEREFORE, Plaintiff, BARBARA PETERS, sues the Defendant, GEICO
GENERAL INSURANCE COMPANY, for damages and demands judgment in excess of
Thirty Thousand Dollars ($30,000.00), and other such relief deemed proper by the Court.
Plaintiff also demands a jury trial on all issues so triable.
RESPECTFULLY submitted this 23" day of September 2022.
MORGAN & MORGAN, P.A.
/s/ Jonathan Thomson
JONATHAN D. THOMSON
Florida Bar No. 076270
20 N. Orange Avenue, 16" Floor
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (407) 204-2281
Primary email: jonathant@forthepeople.com
Secondary email:
Heathermorgan@forthepeople.com
Alternative email: qthomas@forthepeople.com
Attorneys for Plaintiff
Preview
Filing # 158026726 E-Filed 09/23/2022 12:13:54 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA CASE NO.: BARBARA PETERS, Plaintiff, vs. GAIL JOHN LAZENBY and GEICO GENERAL INSURANCE COMPANY, Defendants. COMPLAINT Plaintiff, BARBARA PETERS, sues Defendants, GAIL JOHN LAZENBY AND GEICO GENERAL INSURANCE COMPANY, and alleges as follows: 1. This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of the claim’ as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiffs claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. At all times material to this action, Plaintiff BARBARA PETERS was a natural person residing in Marion County, Florida. Electronically Filed Marion Case # 22CA001988AX 09/23/2022 12:13:54 PM3. At all times material to this action, Defendant GAIL JOHN LAZENBY was a natural person residing in Sumter County, Florida. 4. At all times material to this action, Defendant GEICO GENERAL INSURANCE COMPANY was a foreign corporation authorized to do business and doing business in Marion County, Florida. 5. On or about February 10, 2022, Plaintiff was operating a motor vehicle northbound in the inside lane of US Highway 441 approaching the intersection of Southeast 176" Street in unincorporated in unincorporated Marion County, Florida. 6. At that time and place, Defendant GAIL JOHN LAZENBY was operating his motor vehicle directly ahead of Plaintiff on US Highway 441 approaching the intersection of Southeast 176 in Ocala, Marion County, Florida. 7. At that time and place, Defendant GAIL JOHN LAZENBY negligently operated and/or maintained his motor vehicle by failing to 8. Based on the aforementioned facts, venue is proper in Marion County, Florida as the cause of action accrued in Marion County, Florida. COUNT I NEGLIGENCE CLAIM OF BARBARA PETERS AGAINST DEFENDANT GAIL JOHN LAZENBY Plaintiff realleges and incorporates by reference paragraphs 1-8 and further states: 9. As a direct and proximate result of Defendant GAIL JOHN LAZENBY’s negligence, Plaintiff BARBARA PETERS suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of wvlife, aggravation of an existing condition, activation of a latent medical condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff BARBARA PETERS will suffer the losses in the future and has suffered same in the past. Plaintiff's motor vehicle was also damaged. WHEREFORE, Plaintiff, BARBARA PETERS, sues the Defendant, GAIL JOHN LAZENBY, for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. COUNT IT UNDERINSURED MOTORIST CLAIM OF BARBARA PETERS AGAINST DEFENDANT GEICO GENERAL INSURANCE COMPANY Plaintiff realleges and incorporates by reference paragraphs 1-9 and further states: 10. At all times material hereto, BARBARA PETERS was insured under an automobile liability insurance policy that provided underinsured motorist benefits to Plaintiff, BARBARA PETERS. Said policy of insurance numbered 4332126293 was issued by Defendant, GEICO GENERAL INSURANCE COMPANY, and was in full force and effect on or about February 10, 2022. ll. Under the terms of the insurance policy, Defendant, GEICO GENERAL INSURANCE COMPANY, provided non-stackable uninsured motorist coverage for Plaintiff in the amount of $300,000.00. 12. Defendant, GEICO GENERAL INSURANCE COMPANY, has in its custody and control a copy of the insurance policy and, therefore, it is not attached to the Complaint.13. At all times material to this action, GAIL JOHN LAZENBY was an uninsured motorist in that he carried liability insurance coverage with limits less than Plaintiff's total damages as a result of the crash. 14. Defendant, GEICO GENERAL INSURANCE COMPANY, was notified of Plaintiff's loss and is obligated to pay uninsured motorist benefits to Plaintiff under the policy. 15. Due to Defendant GEICO GENERAL INSURANCE COMPANY’s refusal to pay uninsured motorist benefits in accordance with the terms of the Policy and Florida law, Plaintiff had to retain the services of the undersigned attorneys and contracted with them to represent her interests in connection with the Policy and this lawsuit, including the determination of coverage, liability and damages under the Policy. 16. Plaintiff has complied with all terms and conditions precedent to entitlement to uninsured motorist benefits under the Policy. 17. As a result of the negligence of the underinsured motorist, Plaintiff suffered bodily injury, including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, activation of a latent medical condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer losses in the future, and has suffered same in the past. Plaintiff's motor vehicle was also damaged. All of the above losses are continuing and/or permanent in nature.WHEREFORE, Plaintiff, BARBARA PETERS, sues the Defendant, GEICO GENERAL INSURANCE COMPANY, for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. RESPECTFULLY submitted this 23" day of September 2022. MORGAN & MORGAN, P.A. /s/ Jonathan Thomson JONATHAN D. THOMSON Florida Bar No. 076270 20 N. Orange Avenue, 16" Floor Orlando, FL 32801 Telephone: (407) 420-1414 Facsimile: (407) 204-2281 Primary email: jonathant@forthepeople.com Secondary email: Heathermorgan@forthepeople.com Alternative email: qthomas@forthepeople.com Attorneys for Plaintiff